Created by Fuzzy Cloud

Patna High Court

Asmati BegamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the District Programme Officer to take a final decision on the petitioner’s posting within twelve weeks.

Summary

The petitioner, Asmati Begam, a teacher on deputation at a middle school in Patna, filed a writ petition seeking a direction to the District Education Officer and District Programme Officer to act on a Bihar Human Rights Commission observation and grant her a regular posting. She argued that similarly situated colleagues had received regular postings, while she remained on deputation despite only four years remaining before superannuation. The State contended that the facts were admitted and the decision lay with the authorities based on school needs. The Court, after reviewing the petition and annexures, ordered the District Programme Officer to make a final decision on the petitioner’s posting within twelve weeks. The writ petition was thereby disposed with the said direction.

Issues considered

  • Whether the authorities are required to act on the Bihar Human Rights Commission observation and grant the petitioner a regular posting as an Assistant Teacher.
  • Whether the petitioner is entitled to relief under the extraordinary writ jurisdiction for her continued deputation status.

Subjects

  • writ jurisdiction
  • extraordinary writ
  • deputation
  • regular posting
  • education department
  • human rights commission
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.64 of 2026
                 ======================================================
                 Asmati Begam, W/o Md. Shahnawaz Ali, Resident of Village- B-25, Indrapuri
                 Colony, Ashiyana Digha Road, P.O.- B.V.C. Campus, P.S.- Shastri Nagar,
                 District- Patna, Bihar- 800014 posted Urdu Primary School, Chowk
                 Shikarpur, Patna City, Anchal- Malsalami, District- Patna at present on
                 deputation as Assistant Teacher Middle School Khajpura Patna Sadar, Block,
                 District- Patna.
                                                                           ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through Additional Chief Secretary, Education
                 Department, Bihar, New Secretariat, Patna.
           2.    The Director, Primary Education, Bihar, New Secretariat, Patna.
           3.    District Education Officer, Patna.
           4.    District Programme Officer (Establishment), Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Md. Shahnawaz Ali, Adv.
                 For the Respondent/s   :      Mr. Kumar Alok, SC-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   08-01-2026                      Heard the parties.

                               2. The petitioner has invoked the extraordinary writ

                   jurisdiction of this Court seeking a direction upon the

                   respondents-District Education Officer, Patna and the District

                   Programme Officer (Establishment), Patna to consider the

                   observation made by the Bihar Human Rights Commission

                   passed under Memo No.155/2019/17845 dated 16.09.2019 as

                   contained in Annexure-P/4 and take a final decision for posting

                   of the petitioner in the Middle School, Khajpura as Assistant
Patna High Court CWJC No.64 of 2026(2) dt.08-01-2026
                                            2/3




          Teacher, wherein she has been satisfactorily discharging her

          duty as Assistant Teacher on deputation since long.

                      3. The learned Advocate for the petitioner submitted

          that, taking note of the difficulties being faced by the petitioner,

          on her request she was allowed to continue as Assistant Teacher

          on deputation in the Middle School, Khajpura. Later on, other

          identically situated persons who were also posted in the said

          school on deputation, in their cases orders have been passed for

          their regular posting in the said school, but till date no final

          decision has been taken in the case of the petitioner; nonetheless

          she has been discharging her duty as Assistant Teacher on

          deputation for long. Moreover, only four years left for the

          petitioner in her superannuation from the post of Assistant

          Teacher, and as such he is seeking a sympathetic consideration

          from the concerned authorities.

                      4. Mr. Kumar Alok, the learned Advocate for the

          State, has submitted that the facts are admitted to the extent

          that the petitioner has been posted as an Assistant Teacher

          on deputation in the Middle School, Khajpura, and it is for

          the concerned authorities to consider the utilization of the

          petitioner in the case of the students and the school.

                      5. Having considered the submissions advanced by
          Patna High Court CWJC No.64 of 2026(2) dt.08-01-2026
                                                      3/3




                    the learned Advocate for the respective parties and taking note

                    of the materials available on record, especially Annexures-P/3

                    and P/6 to the writ petition, the present application stands

                    disposed off with a direction to respondent no.4, District

                    Programme Officer (Establishment), Patna, to take a final

                    decision in the matter of the petitioner, preferably within a

                    period of twelve weeks from the date of receipt/production of a

                    copy of this order, keeping in mind Annexures-P/3 and P/6 to

                    the writ petition.

                                6. This disposes the writ petition.



                                               (Harish Kumar, J)
rohit/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.